| Oct. 24, 2003 #323 | ||||||||||||||||||||
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Table of Contents
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THIS JUST IN (Top) | ||||||||||||||||||||
(1) MAKES NO SENSE AT ALL (Top) | ||||||||||||||||||||
No medical marijuana activist could have foreseen that Proposition 215
- - the 1996 ballot measure that gave California residents the right to
grow and distribute marijuana for use with a doctor's prescription -
would have led to this moment. Ventura County residents Lynn and Judy
Osburn, a married couple who grew pot for AIDS and cancer patients at
the Los Angeles Cannabis Resource Center, stood before U.S. 9th Circuit
Judge Howard A. Matz on October 7. Their faces were brave, but their
voices were barely audible. As Judge Matz led them through a series of
questions to determine whether they understood the consequences of
their actions, the Osburns each pled guilty to federal felony drug
charges. | ||||||||||||||||||||
"Do you think the government is taking unfair advantage of you by accepting this plea?" Judge Matz asked, rifling through papers. | ||||||||||||||||||||
Taking a long pause, Lynn Osburn, 54, stepped to the microphone,
looking like another downtown office denizen with his short gray hair
and gray suit, and muttered, "No, sir."
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In a long, withering exchange, the Osburns gave up their rights to silence, to vote, to be licensed contractors, to even be teachers, their activist spirits clearly balking with every response. They had little choice. Under 9th Circuit evidentiary rulings, they were almost guaranteed to be convicted and receive 10-year minimum sentences for "Maintaining a Place for the Manufacture of Marijuana." | ||||||||||||||||||||
Plus, there was something greater at stake. Their plea agreement
allowed them to appeal not only the evidentiary rulings but also
federal standing in medical marijuana cases. A positive ruling on one
of these appeals could not only vacate these sentences, but might
resolve the complete disconnect between California law under Prop. 215
and federal law, which does not recognize medical use of marijuana. The
Bush administration has used this discrepancy to raid and prosecute
scores of medical-marijuana patients since 2001. | ||||||||||||||||||||
[snip]
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(2) BRITISH TEENAGERS USE SO MUCH CANNABIS THAT MARKET IS SATURATED, (Top)SAYS EU REPORT | ||||||||||||||||||||
Cannabis use among teenagers in the UK has begun to stabilise, but only
because it is so widespread the market has become saturated, the
European Union's drug agency warned yesterday. The EU monitoring centre
on drugs and drug abuse also warned of new public health dangers from
the increasing potency of cannabis available in Britain. It raised
concerns about the long-term health implications of the emergence of a
significant new group of teenage boys who are using cannabis
intensively - more than 20 times a month. | ||||||||||||||||||||
Its annual report, published yesterday, says the official goal of
reducing drug consumption by 2006 across Europe remains a long way off,
with at least one in five adults in the EU having tried cannabis and an
emerging problem of growing cocaine use in some cities, particularly in
Britain. | ||||||||||||||||||||
[snip]
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The report also confirms the more liberal approach of many governments
to drug policy, with harm-reduction measures such as needle exchanges,
drug consumption rooms, methadone treatment, heroin prescribing and
pill testing becoming an established part of health policy in Holland,
Germany and Spain. | ||||||||||||||||||||
However, it shows that the UK is lagging behind other European countries in providing treatment places for hardcore drug abusers. | ||||||||||||||||||||
But while Switzerland is about to become the first country to legalise cannabis possession, the eastern European states which are to join the EU next May have been busy outlawing it for the first time. | ||||||||||||||||||||
[snip]
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(3) LAWMAKER 'SHOCKED' AT METRO ROLE IN PRO-MARIJUANA ADS (Top) | ||||||||||||||||||||
The chairman of the House subcommittee on drug addiction said he is
"outraged" over ads on Metro buses and in subway stations promoting
marijuana use and risky sex. | ||||||||||||||||||||
Rep. Mark Souder, Indiana Republican, has sent a scathing letter to Richard A. White, Metro's chief executive officer, decrying the "Legalize and Tax Marijuana" ads - public service announcements placed by Change the Climate, a Massachusetts-based nonprofit. | ||||||||||||||||||||
"I was flabbergasted. Drug use and pregnancy are two of the strongest
things that prevent young people from finishing school and becoming
successful," Mr. Souder said in the letter. "And in D.C. of all places,
why would you want to promote this?"
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One poster shows a young couple in a romantic embrace and urges, "Enjoy Better Sex!" Two other ads ask commuters to "Save Our Taxes!" and "Protect Our Children!" by legalizing and taxing marijuana. | ||||||||||||||||||||
[snip]
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(4) WEB PHYSICIAN SAYS HE DID NO HARM (Top) | ||||||||||||||||||||
Thousands of Patients Received Painkillers Without Being Examined | ||||||||||||||||||||
COLTON, Calif. -- Even now, nearly a year after he lost his medical
license for prescribing powerful painkillers to thousands of Internet
customers, Jon S. Opsahl is convinced he did no wrong.
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Sitting in his empty office, the 43-year-old physician said he never saw any of those patients, ordered lab work or conducted exams. | ||||||||||||||||||||
Instead, he accepted their word that they were in pain. "Can you
legitimize pain over the phone?" he said. "I think you can just as well
as you can sitting in a room."
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Opsahl said many of the patients "didn't carry a diagnosis other than
chronic pain," which he called "a diagnosis in and of itself." Forcing
them to see more doctors and undergo additional tests would have been a
costly form of medical blackmail. | ||||||||||||||||||||
"They say I committed an extreme departure from the standard of care
and was a danger to society," said Opsahl, who was trained in addiction
medicine. "I say I chose to believe my patients and was a blessing to
them and their families."
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In a typical eight-hour shift, he spoke with 30 patients for as many as
10 minutes and spent an hour on paperwork. Over 13 months, he wrote
24,000 prescriptions, including refills, for two Internet pharmacies.
He was paid $60 for each telephone consultation and estimates that he
received $360,000. | ||||||||||||||||||||
"I went into it totally unaware just how lucrative it could become,"
Opsahl said. Later, he wrote in an e-mail that he never realized there
were "SO MANY chronic pain patients who were not getting the treatment
they needed and deserved."
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Opsahl said he thinks that patients have turned to Internet sites
because the medical system does not adequately recognize pain. "Doctors
are afraid to prescribe pain medications out of fear they will be
disciplined," he said. | ||||||||||||||||||||
[snip]
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||||||
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Domestic News- Policy
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COMMENT: (5-9) (Top) | ||||||||||||||||||||
Various press reports this week leave the impression that drug
warriors are increasingly inclined to challenge the prescription
drug market. In particular, the attack is focused on painkillers
sold over the Internet. The Washington Post ran a five-part series
on the state of the prescription drug industry, with a special
emphasis on on-line prescription services. Right before the series
started, the New York Times reported that the FDA and the DEA are
joining forces to target such on-line services. | ||||||||||||||||||||
The aggressive stance of the DEA is highlighted in a Florida case
where drug agents shut down a pharmacy that works on-line and off,
despite pressure from a judge not to. While most of the coverage has
featured scare stories about the reckless distribution and
consumption of powerful drugs, some more thoughtful publications
have looked at the implications of the crackdown on pain medications
in general. The stories have looked at the impact on patients and
doctors who treat pain. | ||||||||||||||||||||
While the mainstream media obsessed over the illegal use of legal
drugs, the weekly Boston Phoenix took a revealing look at drug
warrior efforts to spread hysteria. | ||||||||||||||||||||
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(5) U.S. PRESCRIPTION DRUG SYSTEM UNDER ATTACK (Top) | ||||||||||||||||||||
Multibillion-Dollar Shadow Market Is Growing Stronger
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First Of Five Articles
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For half a century Americans could boast of the world's safest, most tightly regulated system for distributing prescription drugs. But now that system is undercut by a growing illegal trade in pharmaceuticals, fed by criminal profiteers, unscrupulous wholesalers, rogue Internet sites and foreign pharmacies. | ||||||||||||||||||||
In the past few years, middlemen have siphoned off growing numbers
of popular and lifesaving drugs and diverted them into a
multibillion-dollar shadow market. Crooks have introduced
counterfeit pharmaceuticals into the mainstream drug chain.
Fast-moving operators have hawked millions of doses of narcotics
over the Internet. | ||||||||||||||||||||
The result too often is pharmaceutical roulette for millions of
unsuspecting Americans. Cancer patients receive watered-down drugs.
Teenagers overdose on narcotics ordered online. AIDS clinics get
fake HIV medicines. | ||||||||||||||||||||
Normally, drugs follow a simple route. Manufacturers sell them to one of the Big Three national wholesalers -- Cardinal Health Inc., McKesson Corp. and AmerisourceBergen -- which sell to drugstores, hospitals or doctors offices. Regulators and industry officials have long considered this straightforward chain to be the gold standard. | ||||||||||||||||||||
The shadow market exploits gaps in state and federal regulations to
corrupt this system, creating a wide-open drug bazaar that endangers
public health. | ||||||||||||||||||||
[snip]
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(6) TWO AGENCIES TO FIGHT ONLINE NARCOTICS SALES (Top) | ||||||||||||||||||||
Two federal agencies, the Food and Drug Administration and the Drug
Enforcement Administration, have formed a special task force to
crack down on the growing tide of illicit sales of narcotics on the
Internet. | ||||||||||||||||||||
And for the first time, regulators are hinting that those who order
the drugs may face prosecution. "It's illegal to import narcotics,"
Mark B. McClellan, the F.D.A. commissioner, said in an interview.
"We do have steps in place to intercept such products and to take
further legal action."
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The task force, called Operation Gray Lord, will include officials
from the Justice Department, some local law enforcement agencies and
perhaps even top law enforcement officers from Canada because much
of the trade originates there. Task force members intend to pursue
the purveyors of prescription narcotics aggressively, but they
acknowledge the difficulty of the task. | ||||||||||||||||||||
Many of the sites are based in countries where the sales are legal, and officials have few hopes that they will be able to intercept every package sent through the mail. Many of the packages bear fake customs certifications, making them especially difficult to track. | ||||||||||||||||||||
[snip]
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(7) JUDGE PUSHES DEA TO BACK OFF DAVIE LICENSE SUSPENSION (Top) | ||||||||||||||||||||
FORT LAUDERDALE -- A judge pressed the Drug Enforcement Administration on Tuesday to back off an order shutting down a pharmacy for filling online prescriptions, but the agency would not. | ||||||||||||||||||||
Lifeline Pharmacy and its supplier C&W Wholesale were shut down Oct.
10 after the DEA suspended their licenses for allegedly violating
state law and federal regulations with its Internet-generated
business. | ||||||||||||||||||||
The jointly owned companies based in Davie are seeking an injunction allowing them to resume their traditional wholesale and retail businesses with an agreement to stay away from the Web. | ||||||||||||||||||||
U.S. District Judge William Dimitrouleas pushed the two sides into
an order both could accept. But after phone calls to Washington,
Assistant U.S. Attorney Marilynn Lindsay said DEA was sticking to
the suspension. | ||||||||||||||||||||
The judge asked whether the DEA's goal was to ``shut down C&H or
curtail this burgeoning spread of Internet pharmacy activity without
doctors seeing patients.''
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[snip]
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(8) PAIN SPECIALISTS FEAR CHILLING EFFECT AFTER ARREST (Top) | ||||||||||||||||||||
Pain management physicians celebrated a victory recently when a
federal advisory panel ruled against a proposal to place more
restrictions on how they treat patients. | ||||||||||||||||||||
But their celebration was short-lived when an outspoken member of
their specialty was arrested on drug trafficking charges weeks
later. | ||||||||||||||||||||
The good news came Sept. 10 when a U.S. Food and Drug Administration
advisory panel voted 13-5 against new restrictions on OxyContin
prescribing that were suggested by the U.S. Drug Enforcement
Administration and members of Congress. | ||||||||||||||||||||
Two weeks later, pain management specialist William E. Hurwitz, MD,
of McClean, Va., was arrested and indicted on 49 counts of drug
trafficking in 39 states. Authorities also linked him to the deaths
of three patients. | ||||||||||||||||||||
"I was very heartened by the action of the FDA advisory panel," said
Joel Hochman, MD, a Houston psychiatrist and executive director of
the National Foundation for the Treatment of Pain. "There is no
rational basis for restricting the availability of OxyContin for
pain patients or their prescribing physicians."
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While the decision against further restrictions made sense to him,
he said the arrest of Dr. Hurwitz outraged him and could lead to
self-imposed restrictions. | ||||||||||||||||||||
"You talk about a chilling effect," Dr. Hochman said. "I waited all
last night for them to kick my door down."
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[snip]
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(9) BEHIND CLOSED DOORS (Top) | ||||||||||||||||||||
What Really Went On At The Office Of National Drug Control Policy's
Summit Of New England Governors
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[snip]
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It could have been worse. The ONDCP could have shut out dissenters
entirely; instead, they were corralled in the back. In lieu of a
medical-marijuana panel, it could've gathered everyone together to
screen Reefer Madness and called it a day. It could've flown
incarcerated ganja guru Tommy Chong in from California, trotted him
around in cuffs as Exhibit A that pot doesn't pay, and then flogged
him before the court. | ||||||||||||||||||||
Instead, ONDCP director Walters handpicked experts like Boston
Police Department ( BPD ) commissioner ( and soon-to-be-expat ) Paul
Evans, U.S. Drug Enforcement Administration administrator Karen
Tandy, and Dr. Bertha Madras of Harvard Medical School to deliver
spiels before five state superintendents, circumnavigating public
debate or open-floor Q&A sessions. | ||||||||||||||||||||
To the ONDCP's credit, the meeting was never advertised as an actual
dialogue. A press release clearly stated that this was to be an
"Anti-Drug Summit" for New England governors "to hear testimony"
about substance-abuse problems facing the Northeast region. And so
the governors heard vague stories of drug dealers dropping heroin
into herbal tea and proffering the potion to children. They listened
to a turgid harangue about how every tennis elbow shouldn't justify
a toke, nor every skinned knee a hit from the three-foot bong. They
heard a pointless, misguided, and soporific infomercial about Bush's
Access to Recovery substance-abuse-treatment program that could've
put a nail-biting, teeth-grinding crackhead to sleep. | ||||||||||||||||||||
[snip]
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Law Enforcement & Prisons
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COMMENT: (10-13) (Top) | ||||||||||||||||||||
Arizona, like so many other states, is facing dangerous prison overcrowding thanks in part to the war on drugs. Unlike some other state, Arizona officials are starting to recognize that tough parole policies contribute to the crisis. Some probation violators who simply fail drug tests that may have had nothing to do with their convictions are among those who are jamming the prisons. | ||||||||||||||||||||
In Kentucky, a trial is revealing a scheme by police to shake-down
drug suspects for contributions to the police force in order to
negotiate plea deals. State police are not authorized to make such
deals. And activists at a university in Virginia are asking the
right questions about drug law enforcement there. Among the
questions: Why are resources being used to prosecute minor marijuana
offenders even as police don't seem to have enough resources to find
a serial rapist on campus?
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(10) INMATE OVERCROWDING HITS DANGEROUS LEVEL (Top) | ||||||||||||||||||||
Drug users, drunken drivers, probation violators and other
non-violent 323offenders are crowding into understaffed Arizona
prisons in record droves, fueling a dangerous and unprecedented
crisis. | ||||||||||||||||||||
The state's prison population has grown nearly seven times as fast
as the state's population over the past two decades as inmates who
receive little if any rehabilitation return to the lockup again and
again. | ||||||||||||||||||||
With 4,200 inmates over capacity and the potential for danger if
officers lose control, more and more criminal-justice experts,
politicians and judges are demanding changes in how the state doles
out justice. | ||||||||||||||||||||
"Clearly what we are doing now just isn't making sense," said Rep.
Bill Konopnicki, R-Safford, who heads a group of legislators
examining sentencing alternatives. "We take people who do things we
don't like and turn them into hardened criminals."
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The Arizona Legislature will meet in special session Monday to
consider, in part, Gov. Janet Napolitano's proposed $26 million
short-term bailout of the prison system. | ||||||||||||||||||||
[snip]
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(11) PROBATIONERS ADD STRAIN, COSTS (Top) | ||||||||||||||||||||
Arizona's bulging prisons are being packed even fuller with hundreds
of probation violators whom the state's judges are locking up in
record numbers. | ||||||||||||||||||||
Since last fall, probationers who run away, miss meetings, test positive for drugs or break other rules have increasingly been sent to prison rather than given another chance on the street. | ||||||||||||||||||||
The result: Rather than staying on probation at an annual cost
ranging from $751 to about $5,000, they are being locked up at an
annual cost of about $23,000. | ||||||||||||||||||||
Officials point to two reasons. First is a tougher policy begun in
the past two years by Maricopa County Attorney Rick Romley, whose
office has been quicker to seek incarceration of probation
violators. | ||||||||||||||||||||
[snip]
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(12) COP: $1K FROM DEALERS PAID COSTS (Top) | ||||||||||||||||||||
The detective at the center of a growing investigation of the Ludlow
Police Department testified under oath Tuesday that $1,000 payments
demanded as part of plea agreements with suspected drug dealers were
sought to help defray the department's costs of investigating drug
trafficking. Detective Bill Schilling, in his first public comments
on the issue, testified that the costs included police officers'
time responding to calls, logging evidence, questioning witnesses
and transcribing statements. It also was to help pay for one officer
to attend classes to help him identify marijuana, Schilling told
Kenton District Judge Doug Grothaus. | ||||||||||||||||||||
"This was an investigative tool we were using in our investigation into drug trafficking in the Northern Kentucky area" said Schilling, who was advised by Grothaus before taking the stand of his right against self incrimination and to have legal representation. | ||||||||||||||||||||
Schilling, who said he had retained an attorney, said he wanted to
turn suspects into confidential informants who would buy and sell
drugs for police. | ||||||||||||||||||||
"That was our intent, to get drug traffickers off the street," he
said. | ||||||||||||||||||||
"But you're not," responded a skeptical Grothaus, noting that the
deals included dropping felony charges to misdemeanors and not
seeking jail time against those arrested. | ||||||||||||||||||||
State police already are investigating allegations that Ludlow police improperly sought the cash payments as part of plea agreements with people arrested on drug charges. State investigators also are looking into the role of the commonwealth attorney's office, because police are not authorized to make such plea deals. | ||||||||||||||||||||
[snip]
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(13) ANTI-JADE CHALKINGS, FLIERS CRITICIZE DRUG BUST (Top) | ||||||||||||||||||||
Postings denounce Jefferson Area Drug Enforcement, allege funds
allocated to narcotics sting should have been used to catch serial
rapist
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Bright green flyers deriding the Jefferson Area Drug Enforcement
Task Force as "JADED" and chalkings of marijuana leaves blanketed
Grounds last Friday around the Bryan Hall walkway and the Ruffner
Hall pedestrian bridge. | ||||||||||||||||||||
Some of the fliers featured a large picture of the serial rapist in
an attempt to argue that funds allocated for the "Operation Spring
Break Down" drug bust would have been better spent finding the
serial rapist, who remains at large. | ||||||||||||||||||||
A chalking on the side of Ruffner Hall had the Web address of the
National Organization to Reform Marijuana Laws written below a
picture of a marijuana leaf. | ||||||||||||||||||||
Although remnants of pro-Marijuana chalkings still remained on some
University buildings yesterday, the fliers all had been removed from
the Bryan Hall walkway. | ||||||||||||||||||||
University Police Capt. Michael Coleman declined to comment on the anti-JADE message expressed by the fliers, but recognized the right of the individuals who posted them to spread their message. | ||||||||||||||||||||
[snip]
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Cannabis & Hemp-
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COMMENT: (14-17) (Top) | ||||||||||||||||||||
A new California state law that sets clear and enforceable boundaries on the amounts that medical users can cultivate or possess has split support amongst cannabis patients rights groups (wrongfully referred to as "smoking groups" in the headline), some of which argue that the new regulations - 8 oz dried material, 6 mature and 12 immature plants - are too limiting. Supporters argue that these limits can be exceeded if county regulations allow more, or if physicians recommend higher limits for their patients. | ||||||||||||||||||||
Meanwhile in Canada a House of Commons Committee struck to examine the controversial Cannabis Reform Bill are split over whether or not to consult with U.S officials. Liberal MP Paddy Torsney, who co-heads the committee with Alliance MP Randy White, has suggested that this is a sovereign matter and that time and money would be better spent speaking to Canadian experts. Alliance MP Randy White, whose party has taken a conservative stance on drug policy, feels that U.S. input is critical prior to the ratification of this bill. | ||||||||||||||||||||
And from Massachussets, a story about the UNDCP-sponsored New England Anti-Drug Summit, which took place on October 8th in Boston. This critical examination of the gathering notes the federal government's continued policy of misinformation and lack of compassion, particularly in regards to medicinal cannabis. | ||||||||||||||||||||
And finally, while Canadian Parliamentarians debate whether we should simply turn over the keys and become the 52nd state, police in the province of Ontario have announced that after a confusing court-imposed hiatus, they are once again charging people with personal possession of cannabis. No comment was made about Ontario not going to "high hell in handbasket" as a result of the lack of cannabis prohibition over the summer. Le plus ca change. | ||||||||||||||||||||
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(14) CALIFORNIA POT BILL SPLITS PRO-SMOKING GROUPS (Top) | ||||||||||||||||||||
Medical activists say new legislation annuls freedom given in Prop.
215 in 1996
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The same new state law that tries to distinguish legal, medical
marijuana use from illegal, recreational use also spotlights rifts
in California's marijuana community. | ||||||||||||||||||||
S.B. 420, signed into law by Gov. Gray Davis last Sunday, creates a voluntary statewide registry for medical marijuana patients and caregivers, who can get photo ID cards to protect themselves from | ||||||||||||||||||||
It also sets the first statewide medical marijuana possession
standards -- eight ounces dried, six mature plants and 12 immature
plants -- although cities and counties still can set their own,
higher limits. | ||||||||||||||||||||
[snip]
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(15) LIBERAL MP DISMISSES U.S. VIEWS ON POT (Top) | ||||||||||||||||||||
The head of a special parliamentary committee examining Canada's
legislation to decriminalize marijuana said yesterday she has no
interest in inviting top U.S. drug official John Walters to testify
at hearings into the controversial bill. | ||||||||||||||||||||
"I'd rather hear from our top executives on drug situations," said
Liberal MP Paddy Torsney, in the latest volley of political pot
shots over Ottawa's plans to relax marijuana laws. | ||||||||||||||||||||
"Different countries have different laws. There are other places
that have moved to some form of decriminalization so his ideas for
his country are very interesting," she said. "But we make our own
decisions and our laws are for Canadians and others who come to
Canada and break the law."
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[snip]
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"That's too damned bad what she thinks," said Canadian Alliance MP
and vice-chair of the committee Randy White, of Ms. Torsney. "Quite
frankly, the Americans have a stake in this. They might be
narrow-minded enough to think not but they do. "
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He wants U.S. officials to attend the hearing to testify about the
American position on the bill and to detail any possible
recriminations regarding trade or security along the world's longest
undefended border. | ||||||||||||||||||||
[snip]
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(16) SNAKE-OIL SALESMEN (Top) | ||||||||||||||||||||
Why Does The Bush Administration Seem So Intent On Denying Medical
Marijuana To Adults In Extreme Discomfort?
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THE WHITE HOUSE Office of National Drug Control Policy (ONDCP) --
whose anti-pot road show blew through Boston last week -- wants you
to believe that everything about marijuana is bad, bad, bad. That
the plant's promising medicinal benefits are simply a "Trojan-horse
issue," perpetrated by drug-reform advocates who are taking
advantage of sick and dying people to advance a decriminalization
agenda. | ||||||||||||||||||||
That legalizing medical marijuana would confuse the "just say no"
message for adolescents and cause them to glamorize debilitating
diseases like cancer, AIDS, and multiple sclerosis. | ||||||||||||||||||||
It's a lot to concede if you're a responsible adult who has taken
the occasional (or even frequent) toke. It's especially difficult to
concede if you're a responsible adult who smokes to ease the
physical symptoms of glaucoma, epilepsy, or asthma, among other
diseases. | ||||||||||||||||||||
But that pretty much sums up the tenor at the ONDCP-sponsored New
England Anti-Drug Summit, which took place at Faneuil Hall on
October 8. | ||||||||||||||||||||
[snip]
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| ||||||||||||||||||||
(17) ONTARIO POLICE CHARGING MARIJUANA SMOKERS (Top) | ||||||||||||||||||||
The glory days for Ontario marijuana smokers are over, at least for now, with police laying possession charges again after months of turning a blind eye to public toking when pot laws were temporarily loosened. Ontario Provincial Police officers have been advised they can now enforce Canada's laws against pot possession after a court ruling last week clarified that those laws were constitutional. | ||||||||||||||||||||
Supt. Bill Crate, director of corporate communications for the
force, said yesterday officers have been told they can now enforce
the law -- which had been suspended since earlier this year due to a
previous court ruling. | ||||||||||||||||||||
"What the ruling means for us is it's basically clarified that
simple possession . . . is constitutionally valid and now subject to
the full force and effect of the law."
| ||||||||||||||||||||
Ontario's pot-possession laws were called into question earlier this year by a case in which an Ontario Court judge in Windsor threw out a marijuana-possession charge against a 16-year-old boy. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
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| ||||||||||||||||||||
International News
| ||||||||||||||||||||
COMMENT: (18-21) (Top) | ||||||||||||||||||||
The President of Bolivia, Gonzalo "El Gringo" Sanchez de Lozada, last
week resigned the presidency and flew back to the U.S. after
increasingly violent protests by indigenous coca farmers. Lozada,
serving as Washington's cat's-paw in a bid to stop traditional coca
farmers from growing their crop, had backed unpopular U.S. coca
eradication programs as well as a planned pipeline to export
Bolivian natural gas which was also popularly opposed. Coca farmer
leader Evo Morales welcomed the presidential ouster, but warned the
incoming vice president that lack of progress in reducing poverty
would spur a resumption of protests. Though Morales supports the
coca farmers' right to grow their traditional coca, he claims to be
a loyal drug warrior: "I have offered to create a drug-fighting
alliance," Morales said. "But coca is not a drug within the Aymara
and Quechua (indigenous) cultures."
| ||||||||||||||||||||
A planned study in Canada will recruit hundreds of heroin-addicts in
a three-year study of prescription heroin. Addicts will be given
free heroin in special centers, up to three times a day. The study,
pattered after successful heroin-giveaway programmes in Europe, is
intended to stabilize addicts and get them off of the street,
providing them with multiple health support services once in the
study. Experts noted that in a similar Swiss study, no overdoses
occurred, and that some addicts even took a smaller amount of heroin
than was permitted. The same study showed decreases in the use of
street drugs, a drop in crime, and increases in employment for
participants. | ||||||||||||||||||||
Meanwhile in Canada, in response to police demands, the federal
government is planning to enact laws which allow police to test
drivers for "drugs" (read: cannabis). Currently, motorists may
refuse to volunteer for drug tests, and no law exists to force them
to do so. The changes proposed so far, outlines in a government
paper released last week, would create legal drug limits, force
drivers to submit urine and blood samples upon police request, and
also punish drivers who refuse to comply. Still, there might be a
fly in the ointment: "The legislative proposals are vulnerable to
attack under the Charter of Rights and Freedoms," rueful bureaucrats
admitted. | ||||||||||||||||||||
In New Zealand, officials concluded that help farming trials
conducted over the past two years have worked, and could become
permanent after July of 2004. The moved was hailed by horticulture
experts as a boon to the environment, as hemp could be used to renew
soil in ecologically fragile regions. Hemp bio mass was also touted
as an efficient cattle feed: "I think there is potential for using
cannabis down the sides of streams to soak up the nutrients and not
to waste the nutrients, but to feed them back to the cows."
Additional studies reported in the New Zealand Herald showed that
hemp was more profitable than an existing hay-silage test plot used
as a control. Hemp grows fast and could be used in fiber-glass, and
in insulation. | ||||||||||||||||||||
| ||||||||||||||||||||
(18) BOLIVIA'S COCA LEADER GIVES DEADLINE (Top) | ||||||||||||||||||||
LA PAZ, Bolivia (AP) - The leader of Bolivia's coca leaf farmers has
thrown his support behind the nation's new president but warned a
lack of quick progress in reducing overwhelming poverty in the
nation could lead to a resumption of the protests that ousted the
previous government. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
But Mesa, a former journalist, has yet to state publicly his position on the issue of coca leaf, the base ingredient of cocaine. | ||||||||||||||||||||
Morales and the coca leaf farmers he represents are staunchly
against a U.S.-backed government program to eradicate the crop,
arguing that the crackdown has unfairly deprived thousands of their
livelihoods. | ||||||||||||||||||||
Bolivian law permits coca farmers to cultivate limited amounts of
the crop, as long as it is used for tea or chewing. | ||||||||||||||||||||
"Within a month, he has to start giving some clear signs," Morales
told The Associated Press on Tuesday. "If not, once again, the
people will take to the streets."
| ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
Sitting in front of a cloth in the shape of a coca leaf on the wall that said "Evo, President," Morales said he is happy to help authorities fight the illegal drug trade - as long as they focus on netting traffickers he says are inside Bolivia's Congress. | ||||||||||||||||||||
As for the coca leaf, Morales said production should be increased,
so the crop can be exported for legal uses, such as toothpaste, gum
and shampoo. | ||||||||||||||||||||
"I have offered to create a drug-fighting alliance," Morales said.
"But coca is not a drug within the Aymara and Quechua (indigenous)
cultures."
| ||||||||||||||||||||
Morales was the top rival of President Gonzalo Sanchez de Lozada,
who resigned Friday after the deadly demonstrations. In last year's
elections, Sanchez de Lozada won with just 22.5 percent of the vote,
edging Morales, who finished second. The final vote went to Bolivian
lawmakers, who chose the millionaire mining magnate over the coca
leader. | ||||||||||||||||||||
In an earlier news conference Tuesday, Morales congratulated the protesters for pushing Sanchez de Lozada out of office. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(19) ADDICTS TO GET FREE HEROIN (Top) | ||||||||||||||||||||
Gradual weaning. 150 to be recruited for Montreal portion of
three-city study
| ||||||||||||||||||||
The idea sounds like the farthest thing from drug rehabilitation:
give heroin addicts free shots of pharmaceutical-grade smack to help
them kick their habit. | ||||||||||||||||||||
Yet that's precisely what doctors in Montreal, Toronto and Vancouver
hope to do in a controlled study early next year. | ||||||||||||||||||||
Researchers plan to recruit about 150 heroin addicts for the
Montreal portion of the study. The addicts will be encouraged to
shoot up in a downtown clinic under the supervision of a nurse up to
three times daily, seven days a week. | ||||||||||||||||||||
Half of the addicts will be given heroin, and the other half
methadone. No one - not even the doctors - will know who has taken
either drug until the two-year study is concluded. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
Dr. Suzanne Brissette, who treats drug addicts at St. Luc Hospital,
said the study is being modelled after successful programs in
Switzerland, the Netherlands, Germany and Spain. | ||||||||||||||||||||
"The idea is to first stabilize addicts with the heroin," Brissette
explained. | ||||||||||||||||||||
"These persons will be in contact with nurses, physicians and social
workers many, many times a day. At the same time, they might be
given other medications they need for infections, for HIV, for
depression and other psychiatric problems."
| ||||||||||||||||||||
The goal of the research is to get addicts off the streets, where
they often use dirty needles to inject themselves with potentially
fatal doses of sub-par heroin. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
Patients will be followed for two years. They will be allowed to take heroin for one year, and then will be weaned off the drug during a three-month period while undergoing counselling. | ||||||||||||||||||||
Brissette noted that under a Swiss study, none of the addicts overdosed and some wound up taking less heroin than allowed. | ||||||||||||||||||||
That study revealed a decrease in the use of street heroin and
cocaine, a drop in crime among the addicts, and an increase in
employment. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(20) OTTAWA OUTLINES PROPOSALS ON DRUG TESTS FOR DRIVERS (Top) | ||||||||||||||||||||
OTTAWA -- The federal government is preparing to respond to
provincial demands by enacting laws that would allow police to test
drivers for drugs, according to a government document. | ||||||||||||||||||||
The consultation paper, obtained by The Canadian Press, says the
amended legislation would allow police to administer the tests to
motorists suspected of being impaired by drugs. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
The Justice Department has outlined several options to allow officers to administer the drug tests and gather evidence for possible criminal charges. The suggested changes would establish a legal drug limit, the possibility of providing urine, blood or perspiration samples, and penalties for refusing to comply. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
Under current laws, police officers can only ask drivers whether
they have used drugs, but cannot administer a test. | ||||||||||||||||||||
"If the police officers haven't received specific training about
evaluating the effect of drugs, this task can be nearly impossible
to accomplish," said the document. | ||||||||||||||||||||
The task isn't any easier for trained officers because a suspect can
refuse to volunteer for a drug test. No law exists to force someone
to take a test. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
The consultation paper also raised the possibility motorists might
challenge the mandatory drug tests in court. | ||||||||||||||||||||
"The legislative proposals are vulnerable to attack under the Charter of Rights and Freedoms," suggested the document. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(21) EXPERTS TURN ON GREEN LIGHT FOR HEMP FARMING (Top) | ||||||||||||||||||||
Marijuana may be illegal for humans, but cows may soon chew legally on hemp, the industrial crop from which the drug is extracted. | ||||||||||||||||||||
Officials have found that regulations permitting temporary trials of
industrial hemp in the past two years have worked well and could
become permanent from July next year. | ||||||||||||||||||||
Hemp expert Dr Mike Nichols, a retired horticulture lecturer at Massey University, said the move would allow farmers and councils to plant hemp to extract excess nitrogen and other organic "nasties" from the soil in sensitive areas such as around Lake Taupo. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
"I think there is potential for using cannabis down the sides of
streams to soak up the nutrients and not to waste the nutrients, but
to feed them back to the cows."
| ||||||||||||||||||||
A study by AgResearch scientist Dr Han Eerens in the latest issue of
the NZ Journal of Crop and Horticultural Science has found that
industrial hemp appears to be more profitable than the existing
hay-silage operation on a 135ha site northeast of Taupo where the
Taupo District Council disposes of treated water from its sewerage
works. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
He found that hemp would be an ideal alternative crop for the land,
because it grows fast, extracts chemicals from the soil and could be
used for non-food products such as insulation. | ||||||||||||||||||||
Dr Nichols said some of the trials showed it was possible to grow up
to two tonnes of hemp per hectare of land. | ||||||||||||||||||||
"Not very many things grow faster," he said. "I saw some hemp at
Lincoln last year that was sown on December 1 and by mid-February
was four metres tall. There's a lot of biomass there."
| ||||||||||||||||||||
Nelson-based New Wool Products, which makes building insulation out
of wool and other natural materials, has experimented with
hemp-based insulation and is keen to pursue it if growing is allowed
on a permanent basis. | ||||||||||||||||||||
Owner Lindsay Newton said hemp and wool insulation could be made with far less energy than fibreglass batts, absorbed sound better and absorbed water from the air in humid periods, releasing it again when the humidity dropped without forming condensation. | ||||||||||||||||||||
"Hemp comes out totally fireproof, much more so than wool. Its
acoustic properties are higher than wool and their thermal
properties are about equal," he said. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
A senior policy analyst with the Ministry of Agriculture and
Forestry, Tony van der Lem, said an inter-agency committee in
Wellington would put a paper to the Cabinet before Christmas
recommending that the present regime for hemp trials should become
permanent from July. | ||||||||||||||||||||
[snip]
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
HOT OFF THE 'NET (Top) | ||||||||||||||||||||
Washington Post Series Exposes Internet Drug Sales
| ||||||||||||||||||||
A DrugSense Focus Alert
| ||||||||||||||||||||
| ||||||||||||||||||||
NPR - Is it time for a change in the nations' drug laws? | ||||||||||||||||||||
The Alliance's Deborah Small Discusses Medical Marijuana on National
Public Radio, Oct. 21, 2003
| ||||||||||||||||||||
Is it time for a change in the nations’ drug laws? This question,
asked by host Warren Olney of NPR’s To the Point, spurred the
on-air discussion between Deborah Small, the Drug Policy
Alliance’s Director of Public Policy, former Drug Czar Gen. Barry
McCaffrey, Sue Rusche of Families in Action, Dr. Barry Cole of the
American Academy of Pain Management, and Dr. Ethan Russo of
pharmaceutical giant GW Pharma. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
SNEAK PREVIEW OF REEFER REFUGEES NOW ONLINE
| ||||||||||||||||||||
Regardless of how you feel about marijuana, this book is an explosive
mixture of pot and politics that documents the terrifying details of a
drug war gone insane. Terrifying details like those of journalist
Pete Brady, who met Steve Kubby on assignment, and then was later
arrested and threatened with prison rape -- by the police -- if he
didn't make up testimony against Kubby. | ||||||||||||||||||||
Foreword by David F. Nolan - http://www.kubby.com/00-intro.html | ||||||||||||||||||||
Table of Contents - http://www.kubby.com/ReeferRefugees/index.html | ||||||||||||||||||||
Chapter Three - http://www.kubby.com/ReeferRefugees/reefer.refugee.ch3.html | ||||||||||||||||||||
| ||||||||||||||||||||
Cultural Baggage Radio Show
| ||||||||||||||||||||
Marijuana Everywhere!
| ||||||||||||||||||||
We look at the war on medical marijuana with guests: Rob Kampia, Ed
Rosenthal, DA Terance Halinan and more. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
Inside Dope, by Quentin Hardy, Forbes Magazine
| ||||||||||||||||||||
Canada's dirty, well-lit marijuana trade is rich, expanding...and
unstoppable. | ||||||||||||||||||||
http://www.forbes.com/forbes/ (requires free site registration) | ||||||||||||||||||||
| ||||||||||||||||||||
Drugs a Serious Problem in the United States - Public Poll | ||||||||||||||||||||
Nearly a quarter of Americans report past family drug problems | ||||||||||||||||||||
According to a recent Gallup Poll, the news accounts of Limbaugh's drug
problems are particularly relevant to about a quarter of Americans who
report that drugs have also caused problems in their families in the
past -- almost as many who say alcohol has been a source of problems.
The poll shows that while a large majority of Americans describe the
nation's drug problem as extremely or very serious, the percentage
saying so has dropped substantially since 2000. | ||||||||||||||||||||
| ||||||||||||||||||||
Majority of Canadians Favour Reduced Legal Implications for Possession | ||||||||||||||||||||
Support in Canada up 20% over past 20 years. Canadians more open than
Americans. | ||||||||||||||||||||
| ||||||||||||||||||||
Roadide Drug Testing
| ||||||||||||||||||||
CBC Radio "The Current"
| ||||||||||||||||||||
Guest host Tom Harrington examines road side testing ... for
marijuana. Ottawa has launched a discussion paper encouraging the
provinces to examine the issue now that pot is being decriminalized.
But critics say the tests wil be next to impossible to conduct .. and
the results will be meaningless. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
Educators for a Sensible Drug Policy
| ||||||||||||||||||||
Marc Emery talks to Judith Newbergher-Rinaud of Educators for a
Sensible Drug Policy (formerly TAP, Teachers Against Prohibition),
http://www.efsdp.org/, about the struggle to bring a saner form of
drug education into Canadian Schools. | ||||||||||||||||||||
| ||||||||||||||||||||
LETTER OF THE WEEK (Top) | ||||||||||||||||||||
Drug Convictions
| ||||||||||||||||||||
By John Chase
| ||||||||||||||||||||
Regarding "No Special Treatment'' (Letters, Oct.15) and "Now, A Real
Drug Challenge'' (Other Views, Oct. 16):
| ||||||||||||||||||||
Both of these pieces said that Florida rarely prosecutes users with
no prior criminal record, except as leverage to bring in their
dealers. | ||||||||||||||||||||
This is not true. Both also noted that Rush Limbaugh turned himself
in for treatment. | ||||||||||||||||||||
First, Florida Statute 893.135 mandates 25 years (no parole) for the fraudulent possession of more than 28 grams of oxycodone, hydrocodone, morphine or heroin, or any mixture thereof. | ||||||||||||||||||||
Prosecutors need not have the drug in evidence to convict, just a
witness's word that the defendant possessed - over time - that
quantity of one of those drugs. | ||||||||||||||||||||
Limbaugh far exceeded the 28-gram level if published reports are
true. | ||||||||||||||||||||
Second, consider the cases of Richard Paey in Pasco County and Susan Chinn in Pinellas County. Neither has a criminal record. | ||||||||||||||||||||
Both were injured in car accidents and suffer chronic pain. Both
committed prescription fraud to get more Percocet. Neither one uses
pills anymore. (Paey has a prescription morphine pump; Chinn uses a
prescription fentanyl patch.) Since Chinn's charge involved fewer
than 28 grams, she is being threatened with only 15 years; Paey,
with 25 years. | ||||||||||||||||||||
Under Florida law, both Paey and Chinn are charged with trafficking,
although no evidence of selling is required for those quantities and
none is alleged in either of these two cases. | ||||||||||||||||||||
Third, Limbaugh turned himself in, true, but only after he found his
housekeeper had "outed'' him to law enforcement. | ||||||||||||||||||||
John Chase,
| ||||||||||||||||||||
The writer is secretary of Unitarian Universalists for Drug Policy
Reform. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
FEATURE ARTICLE (Top) | ||||||||||||||||||||
America's Drug War Farce
| ||||||||||||||||||||
By Deroy Murdock
| ||||||||||||||||||||
Comedian Tommy Chong began a nine-month federal prison sentence on Oct. 7 for operating a glass-blowing shop that sold pipes to marijuana smokers. Prosecutors were not impressed that his Nice Dreams Enterprises marketed a morally neutral product. Chong's pipes, after all, could be used with loose-leaf tobacco, just as any stoner in an Armani suit can smoke pot in a lawful Dunhill meerschaum. | ||||||||||||||||||||
In fact, as the Los Angeles Times reported Oct. 10, Assistant U.S.
Attorney Mary Houghton's court pleadings sought Chong's harsh
punishment because he got rich "glamorizing the illegal distribution
and use of marijuana" in films that "trivialize law enforcement efforts
to combat drug trafficking and use."
| ||||||||||||||||||||
Chong must have wondered when such activities became criminal. Perhaps
the FBI now will arrest Sean Penn for hilariously smoking grass in
"Fast Times at Ridgemont High." Then they can handcuff Denzel
Washington for portraying a crooked narcotics officer in "Training
Day."
| ||||||||||||||||||||
At last, the homeland is secure from Chong, a 65-year-old comic whose merchandise spared potheads from fumbling with rolling papers. Could there be any greater triumph for public safety than that? And in this peaceful world and placid nation, taxpayers can rest assured that officials are using their hard-earned cash as wisely as possible. Recall that Chong and 54 others were busted in Operation Pipe Dreams, a Feb. 24 crackdown on the drug paraphernalia industry. That project involved 1,200 local, state and federal authorities, the Drug Enforcement Administration estimates. These professional sleuths could have pursued al Qaeda instead, but what would that have accomplished? | ||||||||||||||||||||
All seriousness aside, as funnyman Steve Allen often said, federal drug
warriors keep embarrassing themselves by enforcing pointless,
oppressive policies that merely ignite tax dollars as if with a Zippo
lighter. Like every White House since Nixon's, the Bush administration
continues the collective, bipartisan hallucination that Uncle Sam's
heavy hand can crush the desire of millions of Americans to alter their
states of consciousness. Fortunately, some judges, states and cities
have soured on the costly and cruel War on Drugs as it grinds through
its 30th futile year. | ||||||||||||||||||||
It is neither compassionate nor conservative for the Bush
administration to use government force to stop cancer and AIDS
sufferers, among others, from smoking marijuana to make their final
days on Earth less excruciating. The U.S. Supreme Court evidently
agrees. On Oct. 14, the Supremes let stand a Ninth Circuit Court
decision blocking federal efforts to yank the prescription-writing
licenses of doctors who recommend medical marijuana to patients. This
was a huge victory for the First Amendment, medical privacy and the
freedom of diseased Americans to ease their pain while leaving others
untouched. | ||||||||||||||||||||
Seattle voters on Sept. 16 approved Initiative 75 by 57.8 to 42.2
percent. I-75 instructs local police and prosecutors to make adult
marijuana possession their lowest priority. Seattle's citizens decided
to focus their limited resources on legitimate public needs, such as
catching murderers, foiling rapists and preventing terrorists from,
say, toppling the landmark Space Needle. | ||||||||||||||||||||
A recent Drug Policy Alliance -- http://www.drugpolicy.org/ -- study
found that between 1996 and 2000, voters endorsed 17 of 19 statewide
ballot measures to approve medical marijuana, protect civil liberties,
treat rather than imprison non-violent addicts and limit civil-asset
forfeiture. From 1996 to 2002, 46 states passed some 150 such
enlightened, fiscally responsible drug-law reforms. | ||||||||||||||||||||
"The War on Drugs may well be the most wasteful use of government resources today," said Don Murphy, a DPA spokesman and former Republican Maryland delegate. "As a taxpayer, it's nice to know that Maryland is not alone in embracing more pragmatic approaches." | ||||||||||||||||||||
Even Drug Czar John Walters may see this issue slipping from his iron
fist. While campaigning against I-75 on Sept. 10, Seattle Weekly
reported, Walters could have preached zero tolerance. Instead, he said,
"The real issue is should we legalize marijuana." He added, "Let's have
a debate about that."
| ||||||||||||||||||||
In a Sept. 17 letter to Walters, Robert Kampia, executive director of the Marijuana Policy Project -- http://www.mpp.org/ -- wrote: "It's time to have that debate, so I am pleased to accept your invitation." | ||||||||||||||||||||
An honest, national debate on the War on Drugs in general -- and its uniquely idiotic marijuana phobia in particular -- would be a welcome development in the sad history of this national fiasco. | ||||||||||||||||||||
New York commentator Deroy Murdock is a columnist with the Scripps
Howard News Service. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
QUOTE OF THE WEEK (Top) | ||||||||||||||||||||
"Liberty, when it begins to take root, is a plant of rapid growth."
- George Washington
| ||||||||||||||||||||
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Policy and Law Enforcement/Prison content selection and analysis by Stephen Young (), Cannabis/Hemp content selection and analysis by Philippe Lucas (), International content selection and analysis by Doug Snead (), Layout by Matt Elrod () | ||||||||||||||||||||
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